Rudolph Daniel Miffin, Jr. and Jermaine Darnell Johnson v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Where a state has decriminalized simple possession of marijuana, can state and local police conduct a warrantless search of a vehicle based on the automobile exception to the Fourth Amendment's warrant requirement when they have probable cause to believe a small amount of marijuana will be found?
QUESTIONS PRESENTED The following questions are presented: 1) Where a state has decriminalized simple possession of marijuana, can state and local police, not acting in coordination with federal authorities but having probable cause to believe that some small amount of marijuana will be found in a vehicle, conduct a warrantless search of said vehicle pursuant to the automobile exception to the Fourth Amendment’s warrant requirement? 2) Where a state has decriminalized simple possession of marijuana, does the presence of a de minimis amount of suspected marijuana on the driver of the vehicle, detained by local police for a traffic infraction, provide probable cause for local police (not acting in coordination with federal authorities) to conduct a warrantless search of a closed bag on a driver when the driver has been secured, is not in a position to access the vehicle nor the contents of the bag, and evidence of the traffic infraction is unlikely to be found within the bag? i